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1995-12-19 Regular CC Minutes3.8 MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL DECEMBER 19, 1995 The meeting convened at 7:39 p.m., with Mayor Appezzato presiding. The Pledge of Allegiance was led by Councilmember DeWitt. Reverend Mark Bollwinkel, Twin Tower United Methodist Church, gave the 'invocation. ROLL CALL - PRESENT: ABSENT: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY, None. CONSENT CALENDAR President Appezzato stated that the following items were pulled for public discussion: 4-B (95-755) Report from Assistant City Manager transmitting an annual status report on property exchange agreement between the City and School District related to the Mastick Senior Center property; 4-F (95-756) Report from Public Works Director recommending Authorization to Award 5-Year Contract for Attendant Lot Operations in Municipal Lots A & C; 4-H (95-757) Resolution "Approving Parcel Map No. 6629 (1234-1238 College Avenue and 2828 Encinal Avenue) and Granting an Exception from Section 30-84.7 of the Municipal Code Requiring Undergrounding of Utilities."; 4-1 (95-758) Introduction of Ordinance Amending the Alameda Municipal Code by Repealing Section 2-63 (Lost, Stolen, and Unclaimed Property) of Article V (Administrative Procedures and Policies) of Chapter II (Administration) in its Entirety and Replacing with Revised Section 2-63 (Lost, Stolen and Unclaimed Property), of Article V (Administrative Procedures and Policies) of Chapter II (Administration); 4-K (95-759) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsections 5-24.2, 5-24.3, 5-24.4, 5-24.8d, 5-24.16 and 5-24.21 of Section 5-24 (Bingo Games for Charity) of Chapter V, (Licenses and Permits), Thereof, Regulating Bingo Games for Charity; and 4-L (95-760) Bills for ratification. Councilman Arnerich moved approval of the remainder of the Consent Calendar. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting, Alameda City Council December 19, 1995 3q9 Items so enacted or adopted are indicated by an asterisk. (*95-749) Minutes of the Special and Regular Council Meetings of November 21, 1995; and the Regular Council Meeting of December 5, 1995. Approved. See Paragraph (95-755). (*95-750) Report from Community Development Director regarding Annual Report of the Community Improvement Commission. Accepted. (*95-751) Report from Community Development Director regarding Annual Review of Affordable Housing Ordinance. Accepted. (*95-752) Report from Finance Director transmitting Investment Portfolio for Period Ending November 30, 1995. Accepted. See Paragraph (95-756). (*95-753) Resolution No. 12720 "Adopting a Drug and Alcohol Testing Policy Pursuant to the U.S. Department of Transportation Regulations." Adopted. See Paragraph (95-757). See Paragraph (95-758). (*95-754) Introduction of Ordinance Amending the Alameda Municipal Code by Adding Section 23-7 (Prohibition of Camping in City Parks) to Chapter XXIII (Parks, Recreation Areas and Public Property). (Vice Mayor Mannix) Introduced. See Paragraph (95-759). See Paragraph (95-760). (95-755) Report from Assistant City Manager transmitting an annual status report on property exchange agreement between the City and School District related to the Mastick Senior Center property. Accepted. Bill McCall, Alameda, requested that an overview of the report be provided. The Acting City Manager gave an overview of the status report; and stated that the Agreement between the City and the Alameda Unified School District (AUSD) requires that the City provide said report on an annual basis. President Appezzato stated that the annual report was intended to alert the public that the matter was an item to be resolved over Regular Meeting, Alameda City Council December 19, 1995 400 the next 20 years or, hopefully, sooner; and that the matter will appear on the agenda at least once annually. Neil Patrick Sweeney, Alameda, suggested that available acreage at the Alameda Naval Air Station (NAS) be transferred to AUSD in exchange for the Mastick Senior Center. President Appezzato stated that AUSD has requested a public benefit conveyance of acreage and facilities at the NAS; and that Alameda Reuse & Redevelopment Authority (ARRA) has endorsed said request. Councilmember Lucas moved acceptance of the report [for the purpose of forwarding it to the AUSD through the Office of the Superintendent of Schools]. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. (95-756) Report from Public Works Director recommending Authorization to Award 5-Year Contract for Attendant Lot Operations in Municipal Lots A & C. Held over to January 2, 1996. David Douglas, Douglas Parking, stated that he was informed by an individual in the Public Works Department, Engineering, that Allright Parking was going to be awarded the contract for parking tenant services because they [Allright Parking] were offering more money to lease the parking lots; that he wrote letters to Councilmembers stating opposition to the award of contract to Allright Parking; that according to the staff report, Allright Parking is not the lowest bidder; and that Douglas Parking is the lowest bidder, which is why Douglas Parking is protesting the award of contract. The Acting City Manager stated that language for the Notice To Bidders and Request For Qualifications read, H...the responsible bidder who submits the lowest and the best bid.'; that the decision was not made on just the lowest bid, rather the lowest and best; recommended that a staff response be provided by the Public Works Director; that Alternate 3 be selected; that the protest be overruled; and that the contract be awarded to Allright Parking. The Public Works Director explained the City's position. Discussion was held regarding evaluation of bids, potential of increased revenue, innovative ideas, and customer satisfaction surveys. Ken Moffett, Allright Parking, Inc., addressed aspects of Allright Parking's [bid] proposal. Regular Meeting, Alameda City Council December 19, 1995 401 In response to Councilman Arnerich's inquiries, the Public Works Director explained expected profits, and revenues based upon the number of parked vehicles, including length of time parked in said lots. Councilman Arnerich suggested that if the parking lots do not make it on the expenses submitted, that the operator should either cut back on expenses or work with the City to reduce the hours [of operation]. In response to Councilmember Lucas' inquiry, the Public Works Director explained contract termination provisions. Councilmember Lucas requested that a provision be added to the contract regarding termination for the lack of revenue. Councilman Arnerich stated that he would like the City to receive a minimum 10% return on its money, or $8,000. The City Attorney stated that if Council would like to add such a provision to the contract, Allright Parking would have to agree. Mr. Moffett, Allright Parking, agreed to the provision regarding termination [of contract] for the lack of revenue. President Appezzato stated that the matter should [be held over and] come back to the City Council. The Public Works Director explained the alternates; and stated that Alternate 3 could earn approximately $26,000 per year for the City. Councilmember DeWitt stated that he supports Alternate 3, and awarding the contract to Allright Parking. President Appezzato stated that he supports Alternate 3, and awarding the contract to Douglas Parking. Councilmember Lucas stated that Council did not receive a copy of the proposed contract in the summary for Alternate 3; that there were some potential reductions of revenues to the City; and that she would like to see a copy of the contract. Councilman Arnerich restated that he would like a minimum cap on the City's return [on its money]. Councilmember Lucas moved that the matter be held over to another Council meeting, and requested that Council receive copies of the contract with proposed inclusion [that the City receive a minimum. 10% on its money, and that a provision be added to the contract regarding termination for lack of revenues]. Regular Meeting, Alameda City Council December 19, 1995 402 Vice Mayor Mannix seconded the motion. Under discussion, Vice Mayor Mannix stated that the staff report could be laid out more clearly; that he was prepared, based upon past practices, to award the contract to Douglas Parking; and that he would refrain from making a decision until staff reports back to Council. The motion [that the matter be held over to another Council meeting] carried by unanimous voice vote - 5. (95-757) Resolution No. 12721 "Approving Parcel Map No. 6629 (1234-1238 College Avenue and 2828 Encinal Avenue) and Granting an Exception from Section 30-84.7 of the Municipal Code Requiring Undergrounding of Utilities." Adopted. Earl Peacock, Alameda, questioned the purpose of granting an exception from Section 30-84.7. The Acting City Manager explained the purpose; and stated that it was an existing overhead area and that it would be unreasonable to require one parcel to underground its utilities when everything in the neighborhood is above ground. The Public Works Director stated that the 10,500-square-foot lot was already developed with four houses; and that the lot would be subdivided in order to be sold at a reasonable price for home ownership. In response to President Appezzato's inquiry, the Public Works Director stated that the area would be undergrounded when its district was undergrounded. Vice Mayor Mannix moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous vote - 5. (95-758) Introduction of Ordinance Amending the Alameda Municipal Code by Repealing Section 2-63 (Lost, Stolen, and Unclaimed Property) of Article V (Administrative Procedures and Policies) of Chapter II (Administration) in its Entirety and Replacing with Revised Section 2-63 (Lost, Stolen and Unclaimed Property), of Article V (Administrative Procedures and Policies) of Chapter II (Administration). Introduced. Vice Mayor Mannix expressed concern that the policy could mean seizing personal property arbitrarily because of a drug-related suspicion, thus contravening some existing laws. Regular Meeting, Alameda City Council December 19, 1995 40 3 The Chief of Police gave an overview of the report, and clarified that the proposed amendment would allow the City to advertise in the local newspaper that it is anticipating transferring unclaimed funds to the General Fund. Vice Mayor Mannix moved introduction of the Ordinance. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. (95-759) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Subsections 5-24.2, 5-24.3, 5-24.4, 5- 24.8d, 5-24.16 and 5-24.21 of Section 5-24 (Bingo Games for Charity) of Chapter V, (Licenses and Permits), Thereof, Regulating Bingo Games for Charity. Introduced. Bill McCall, former Alameda Mayor, inquired whether the proposed amendment would affect bingo games at Mastick Senior Center. The Acting City Manager stated that the proposed amendment would bring the local ordinance into conformity with State law; that it deletes the requirement that a bingo operator conduct business in town for one year [prior to application]; and that said amendment could create competition. In response to Councilmember Lucas' inquiry, the City Attorney stated that the City is obligated to follow State law and preempts the City's Municipal Code; that the Municipal Code is currently inconsistent; and that whether the City adopts the changes or not, the City is required to follow Penal Code Section 326.5. In response to Councilman Arnerich's inquiry, the City Attorney stated that according to Penal Code Section 326.5, Subsection N: "The total value of prizes awarded during conduct of any bingo game shall not exceed $250 in cash, or kind, or both, for each separate game which is held." Vice Mayor Mannix moved introduction of the Ordinance. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. (95-760) Bills for ratification. Don Roberts, Alameda, stated that the Alameda Journal is the official newspaper for legal notices in the City of Alameda; that the check register for the month of December reflected that the Alameda Times Star was paid $1,259.10 for promotion and advertising; and questioned why advertising [monies] was given to the Alameda Times Star. Regular Meeting, Alameda City Council December 19, 1995 404 The Finance Director stated that she would look into the matter and provide information regarding said matter to the Council, and also to Mr. Roberts, before the next Council meeting. Councilmember DeWitt moved ratification of the bills, certified by the City Manager to be true and correct, in the sum of $1,536,140.55. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. President Appezzato reviewed the process for Council when calling for the question according to the Alameda City Charter and Roberts Rules of Order; stated that the Mayor shall preside at all meetings of the Council; that when the Chair [Mayor] thinks that all debate is closed, the Chair [Mayor] inquires if Council is ready for the question and calls for the vote; and that he will continue as Mayor, to allow all those who wish to debate and speak, to do so before he calls for the question. 5. REGULAR AGENDA ITEMS President Appezzato announced that Items 5-A and 5-B would be heard together. (95-761) Resolution No. 12722 "Calling a Special Election in the City of Alameda for the Purpose of Submitting to the Electors an Ordinance Entitled "Amending the Alameda Municipal Code by Amending Subsection 26-1.1 Thereof Relating to the Use of Assessment District Proceedings for Construction and Improvement of Buildings for Library and Carnegie Building Rehabilitation and Reuse Purposes"; Fixing the Date of Said Election, the Manner of Holding Same, and Providing for Notice Thereof; Consolidating Said Special Election with the Primary Election of the State of California to be Held on Tuesday, March 26, 1996; and Proposing Said Ordinance." (Carried over from the December 5, 1995, Regular Council Meeting.); and Report from Assistant City Manager responding to issues raised regarding the New Library and Carnegie Rehabilitation and Museum Project Assessment District; transmitting revised Preliminary Engineer's Report; and recommending adoption of two Resolutions. [See Paragraph (95-762), for discussion and Council action.] (95-762) Resolution No. 12723 "Declaring the Intention of the City Council to Form an Assessment District to Fund Construction of a New Main Library Building on the LinOaks Site and to Rehabilitate and Seismically Upgrade the Carnegie Building for Use as a Museum Regular Meeting, Alameda City Council December 19, 1995 40J or Other Public Purpose if the Voters of the City Approve the Measure to Amend Subsection 26-1.1 of the Alameda Municipal Code." (Carried over from the December 5, 1995, Regular Council Meeting.) The Acting City Manager gave a brief overview of the Resolutions and previously expressed concerns; he stated that the revised Preliminary Engineer's Report dated December 14, 1995, proposes that duplexes, triplexes, and four-plexes have their Equivalent Dwelling Units (EDUs) reduced from 1.0 to .75 per dwelling unit, which represents a 25% reduction; that the affect of said reduction, however, increases the assessments for single family residents; that in order to keep the $68.50 assessment for single family residents, while at the same time granting the 25% reduction for duplexes, triplexes and four-plexes, staff proposes extending the bond from 25 years to 30 years; and that the main issue to be addressed is to set the maximum rate at $68.50 and to refer the matter to the voters. Jeff Cooper, Senior Vice President, Berryman & Henigar, stated that he is in charge of a division that specializes in special assessments for public agencies; that based upon comments received at the last Council meeting, he further reviewed and looked at number of benefit assessment districts in the State of California for libraries; that only about four or five assessments have been done for libraries; that the library assessments were based upon units, similar to the proposed methodology for the City; that he has not seen any assessments for libraries based upon floor area or the number of rooms; that assessment districts for libraries in Northern California include the City of San Jose, the County of Santa Clara, and El Dorado County, and were based upon units; that all three district proposals were submitted to the voters and received a simple majority approval; that said districts have been established and were currently funding libraries; that he, personally, believes strongly that the number of rooms or floor area is not directly related to library benefit; that he has done assessment districts where he has included floor area, but assessments have been for different types of benefits, e.g. fire suppression assessment, where floor area or size of the unit is related to fire benefit; that benefit assessment is not based upon value or an ad valorem; and that he is not aware of any [assessments for libraries] that are done in the State that are based upon the number of rooms or the floor area of a unit. President Appezzato stated that if the Resolutions are adopted, the Council and community will get behind the assessment district; that it was imperative that positive publicity gets equal publication with the negative; that the benefit of the library far exceeds some of what may be perceived as less beneficial to a small few; and that he hopes Mr. Cooper's comments gain wide publication so that the citizens can be well informed. Regular Meding, Al= Ma City Council December 19, 1995 Don Roberts, Alameda, commented on the definition of single family homes; and questioned the benefits of condominium studio apartment which would have to pay $68.50 vs. a rental studio apartment which would have to pay $51.38. In response to Mr. Roberts' inquiry, Mr. Cooper stated that an apartment that has been converted to a condominium in a typical community is the exception and not the rule; that the approach has been that the average condominium is more like a single family home than it is an apartment; that the precise size of each individual condominium or apartment is not used in the [Berryman & Henigar] analysis; that if the Assessor's Office has classified a condominium [as such], then [Berryman & Henigar] assessed [same] as a condominium; that [Berryman & Henigar's] analysis does not have data that shows that one is smaller than the other; that whether it has been transferred from an apartment to a condominium, [Berryman & Henigar] does not have that kind of information; that the most- recent Assessor's Roll would be used to determine assessment per classification; and whether a unit is rented or not, will not affect the assessment amount. Mr. Roberts stated that the assessment approach is an inequitable way of paying for the library and museum; and commented on equitable options under Proposition 13. In response to Councilman Arnerich's inquiry, Mr. Cooper stated that depending upon the size and use of a parcel, commercial buildings could be assessed at a higher rate. Don Cartwright, Alameda, expressed concerns regarding the concept; and inquired as to the number of Alameda residents who have library cards, the number of books checked out, the amount of usage of the library, and whether the City needs a new [library] facility. President Appezzato requested that the Acting City Manager request the Library Director to respond to Mr. Cartwright's inquiries; and stated that the voters will decide if the library matter succeeds or fails, and not the City Council. Barbara Kerr, Alameda, expressed concerns regarding the disparity between the taxes on residential rental property and other kinds of businesses. Neil Patrick Sweeney, Alameda, suggested that voluntary financial planning programs be created to teach residents how to come up with the money to pay for assessments, e.g. accelerated mortgage payments, pre-pay on credit cards. Mabel Wong, Alameda, commented on long-term apartment vacancies at 1508 Union Street; and inquired why assessments have to be paid for vacant units. Regular Meeting, Alameda City Council December 19, 1995 407 Doris Chow, Alameda, stated that commercial buildings will pay less [than residential owners]; stated that the assessment was not fair; requested an explanation regarding the discrimination in amounts; and inquired if the City could request a portion of funds designated annually by the Library Commission. Mr. Cooper clarified that the rate is still $68.50; that the commercial properties are charged 8.7 EDUs per acre; and that a benefit factor was applied because of belief and experience that business benefits from libraries are not equal to single family home [benefits]. Bill McCall, former Alameda Mayor, spoke in opposition to assessment; and urged consideration of a bond issue. Dave Plummer, Alameda, stated that the assessment distribution is unfair. Councilmember DeWitt moved adoption of the Resolutions [Resolution calling for the election on March 26, 1996; and Resolution declaring the intention to form an assessment district to fund the improvements]. Vice Mayor Mannix seconded the motion. Councilmember Lucas confirmed that the recommended wording on the ballot is H...for use as a museum and cultural purposes..." Bob Able, Alameda, spoke in opposition to proposed assessment and a new library, due to tough economic times; and suggested that the matter be held until the economy improves. Councilman Arnerich requested that the words "...up to $68.50..." be replaced with "...shall not exceed $68.50..." in the Resolution Calling a Special Election. The motion to adopt Resolutions [Resolution calling for the election on March 26, 1996, as amended; and Resolution declaring the intention to form an assessment district to fund the improvements] carried by unanimous voice vote - 5. Council recessed at 9:25 p.m. and reconvened at 9:39 p.m Discussion resumed on Items 5-A and 5-B. Councilmember DeWitt moved acceptance of the report and recommendations; that the Mayor be designated to sign the ballot measure; that the preparation of the City Attorney's Impartial Analysis be approved for submittal to the Registrar of Voters; and Regular Mooting, Alameda City Council December 19, 1995 408 that the revised Preliminary Engineer's Report dated December 14, 1995, which includes the revised methodology, be accepted for filing. Vice Mayor Mannix seconded the motion. Councilmember Lucas concurred that the Mayor should be designated as the City official to sign the ballot measure argument; that she is not sure she is going to personally support the argument; and that she wants to reserve the right to support the opposition argument. The motion carried by unanimous voice vote - 5. (95-763) Public Hearing to consider an Appeal by Joseph Wood, on behalf of Edward Murphy, of the Planning Board's decision to uphold the Planning Director's determination that this submittal for demolition of two structures and construction of a triplex is substantially identical to a 1986 proposal of a triplex on this parcel and that no new decision would be made on this proposal. The Planning Director in 1986 determined that a triplex could not be permitted. Applicant/Appellant: Joseph Wood on behalf of Edward Murphy; and Resolution No. 12724 "Upholding the Planning Board's Decision that the Proposal for a Triplex at 2615/2617 Santa Clara Avenue is Substantially Identical to a 1986 Proposal for a Triplex on This Parcel and That No New Decision will be Made on This Proposal." Joseph Wood, Attorney representing Edward Murphy, Applicant/Appellant, stated that the Planning Director refused to process Mr. Murphy's application because the application was similar to the one Mr. Murphy previously submitted and was denied eight or ten years ago; that he believes the denial was because Mr. Murphy challenged, in court, the applicability and enforceability of Measure A; that the City is retaliating; that this matter should be pursued in the courts to decide the criteria for Measure A; and that the City should process the application and avoid a civil lawsuit regarding rights. The City Attorney stated that the City's position was that Measure A was constitutional and valid; that it had been in effect for twenty-two years; that the request before Council was to review the Planning Board's decision, and she recommends Council support the Board's decision that the application was substantially identical to the 1986 application. In response to Councilmember Lucas, the Planning Director stated Mr. Murphy had not been treated differently from other applicants, other City properties, and noted she consults with the City Attorney on matters concerning Measure A. Regular Meeting, Alameda City Council December 19, 1995 409 Councilman Arnerich stated this matter was very complicated, and he would rely on the advice of the City Attorney. Vice Mayor Mannix stated that he believed the real issue was whether the application was the same filed in 1986, and it appeared to him that it was; and moved the recommendation [to uphold the Planning Board's decision by adopting the Resolution). Councilmember Lucas seconded the motion. President Appezzato stated he would support the motion because he believed the comments of the Planning Director, as endorsed by the Planning Board and by the City Attorney. Councilman Arnerich requested that the Planning Director determine whether there have been any similar applications since 1986. The Planning Director stated she is not aware of any since the adoption of the remodeling ordinance in about 1985. President Appezzato requested she confirm that information. The motion to adopt the Resolution carried by unanimous voice vote - 5. (95-764) Public Hearing to consider Final Passage of Ordinance No. 2714 "Amending the Alameda Municipal Code by Amending Chapter XIII (Building and Housing), Article I (Building Regulations), Article II (Electrical Regulations), and Article III (Plumbing Regulations) to Adopt the 1994 Edition of the Uniform Building Code, the 1994 Edition of the Uniform Code for Building Conservation, the 1993 Edition of the National Electric Code, the 1994 Edition of the Uniform Plumbing Code, the 1994 Edition of the Uniform Mechanical Code and Approving Certain Amendments Thereto; by Amending Chapter XV (Fire Prevention) to Adopt the 1994 Edition of the Uniform Fire Code and Approving Certain Amendments Thereto; by Renumbering the Alameda Housing Code; and by Making Certain Conforming Amendments Throughout the Alameda Municipal Code." Councilmember DeWitt moved adoption of the Ordinance. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. (95-765) Public Hearing to Consider Increase of Building Permit Fees in Conjunction with the Adoption of the 1994 Uniform Codes and a Resolution No. 12725 "Amending Master Fee Resolution No. 12191 by Establishing Building, Excavation and Grading Permit Fees and By Establishing an Annual Boarded Building and Vacant Parcel Monitoring Fee." Councilmember DeWitt moved adoption of the Resolution. Regular Meeting, Alameda City Council December 19, 1995 4 0 Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (95-767) Public Hearing to consider Resolution No. 12726 "Establishing Underground Utility Districts #21 through #28 at Various Locations in the City of Alameda." Irene Hanson, Sacramento, expressed concerns regarding underground utility districts, including costs to property owners for undergrounding; and stated that the matter was not voted on by citizens. President Appezzato gave a brief overview of the matter; stated reasons for undergrounding; and commented on damage to above ground utilities due to recent storms. Councilmember DeWitt stated that there was basic information Ms. Hanson and citizens should be provided on the matter. Councilmember Lucas discussed real estate values as they relate to undergrounding. Councilman Arnerich stated that there should be no delay in providing information to citizens; requested that Ms. Hanson provide names of staff and dates of requests for information; and noted that the Bureau of Electricity's costs for undergrounding would be over $3,000,000 and the cost to the City would be $154,000 for the eight projects listed. Earl Peacock, Grassroots Committee for Fair Taxation, Alameda, stated that the undergrounding idea was excellent; and suggested that the Bureau be requested to set up [program] to evaluate citizens who have financial hardships. President Appezzato stated regarding residential units, that the owner has the option of doing [work] themselves, hiring someone, or if the Bureau does it, the maximum cost charged by the Bureau will be $1200; and it could be much less if done by the individual. Bill McCall, Sr., former Mayor, Alameda, stated that he liked the way the Bureau operated, and it contributed a great deal of money to the City; that during the recent storm, Alameda was relatively without trouble compared to other cities; however, he believed the proposed assessment for the library was enough to consider at this time. In response to President Appezzato's inquiry, Mr. McCall stated that undergrounding must be done, but care must be taken when moving into areas so that it will not affect the wrong people. Regular Meeting, Alameda City Council December 19, 1995 411 Hrayr Terzian, Alameda, questioned whether a multiple unit could have a maximum cost; and, since undergrounding benefits all Alamedans, why costs are not paid from General Fund [monies]. President Appezzato explained that all the people will pay, and citizens in prior years have paid to have their utilities undergrounded. Christopher Buckley, Alameda, urged adoption of the Resolutions; noted benefits of undergrounding; stated that the average cost for [undergrounding] a single family house is $750; and suggested payment options for hardship cases, e.g., deferred loans. David Baker, Alameda, urged support of the Resolution. The Public Works Director explained the property owners' responsibility; stated that the utility companies are fully responsible for the undergrounding of their facilities when a district is established; that the property owner is responsible for the connection from the facility at the sidewalk to the house, e.g. trenching and meters; noted that time-payment plans and liens could be utilized; and stated that the project is long-term. President Appezzato stated that there must be a means of educating the public on this matter; and that every property owner must be contacted. The Public Works Director stated that a letter was sent to every property owner in all the districts, and that some response had been received. Councilman Arnerich stressed the importance of education and reports reflecting exact figures. Cliff Hubbard, Bureau of Electricity, stated that undergrounding was being paid by everyone whether they were in an underground or above ground area, and that two percent from electric bills were currently being set aside to pay for said undergrounding; that he and the Bureau Manager discussed the matter and concluded that the Bureau must be more proactive; and that the Bureau should contact citizens through "neighborhood firesides" to inform and assist citizens through the process in an effort find a reputable contractor and keep costs down. President Appezzato stated he liked Mr. Hubbard's idea. In response to Councilmember Lucas' inquiry, Mr. Hubbard stated that he would have to confirm figures but estimated the highest cost to a rental property owner thus far was approximately $2,000 to $2,500, or possibly up to $3,000. Regular Meeting, Alameda City Council December 19, 1995 412 In response to Vice Mayor Mannix's inquiry, Mr. Hubbard stated that the $1,200 cost to citizens probably has to be paid because it was copied after the PG&E pattern, which has what is called Rule 28; that in the PG&E area, homeowners pay that value upon changeover; that he believes PG&E thought it was just an equitable situation; and that Council determines how said funds are to be spent. Councilman Arnerich discussed possibility of bypassing lengthy trenching in order to cut costs, and Mr. Hubbard stated he would further investigate the matter. Gerhard Degemann, Alameda, commented on drilling techniques. Councilmember Lucas stated that she proposed undergrounding in 1984; that she believes property values will increase when undergrounded; that the property owners in the eight districts are fortunate to be included; and moved approval of the staff recommendation. Councilman Arnerich seconded the motion, and stated that undergrounding should continue. Councilmember DeWitt stated that he was not sure he should support matter; however, the list was narrowed down to eight districts, and areas chosen would not be a hardship for many people. President Appezzato stated that he liked the Bureau of Electricity's comments; that the City needs to be sure every family and commercial establishment knows what is being done and the cost; and that the public should be educated on the matter. Councilmember DeWitt stated that the next list before Council should include the property owners' costs; and requested a deferred payment plan for residents and property owners with hardships. Vice Mayor Mannix stated that he believes undergrounding is important but has a problem with taxpayers paying for it; and that staff should report back to Council on defraying homeowners' costs. President Appezzato stated that one option could be that the City do what it can with the two percent [utility tax], however, was uncertain whether that would be acceptable. The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt, Lucas, and President Appezzato - 4. Noes: Vice Mayor Mannix - 1. Absent: None. (95-768) Report from Community Development Director regarding . Designating West Alameda Target Area. Regular Mer-ting, Alameda City Council December 19, 1995 15 413 The Community Development Director gave an overview of the [Community Development Block Grant (CDBG)] Consolidated Plan; stated that the target area was related to the revitalization of Webster Street and the residential neighborhoods of west Alameda; that it provides an opportunity to work with merchants and residents to reestablish a sense of neighborhood; and that strengthening the economic, physical and social conditions on and around Webster Street would help the area confront base closure and become an incubator for jobs, services and commodities, housing opportunities and community involvement. In response to Councilmember Lucas' inquiry regarding potential for additional high-density, low-income housing in the targeted area, the Community Development Director stated that the effected persons would be surveyed to determine what they would like to have done in their neighborhood; that various methods would be used to communicate survey results, e.g. newsletters, fire-side chats; and that the needs and priorities identified by the residents would be respected. Councilmember Lucas stated that she would like to be regularly informed regarding matters pertaining to her neighborhood. The Community Development Director stated that bi-monthly reports would be provided beginning next fiscal year. In response to President Appezzato, the Community Development Director stated that information concerning time frame and costs would be provided to Council. Councilman Arnerich stated that a simple flyer should be provided to each resident and place of business in the area. Councilmember DeWitt moved acceptance of the report and recommendation [that Council designate depicted area as the West Alameda Target Area and authorize staff to proceed with survey and programming activities in the area]. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. 6. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (95-769) Leah Hess, Attorney for the California Apartments Tenants' Association, discussed certain existing conditions at the apartment complex, including deferred maintenance; and a recent letter/petition to the City requesting assistance. Following discussion, President Appezzato stated that the City Council received information at the 7:15 p.m. staff [information] meeting, which was open to the public; that staff was directed to respond back to the Council regarding the entire issue, including what the City has already done, and what it intends to do; and that Regular Mecting, Alma's City Council December 19, 1995 41 4 he is sure the City Attorney would respond to Ms. Hess. (95-770) Neil Patrick Sweeney, Alameda, announced that a Base Reuse Advisory Group (BRAG) Town Meeting would be held on January 11, 1996; and stated that the City should support the effort to get more fans to the Coliseum Stadium. (95-771) Andrew McCormack, owner of the Webster House, Alameda, discussed his renovation project; he stated that the Planning Director told him he was operating an illegal business, however, the City has not started legal procedures yet; and that he is tired of being harassed and would like the Planning Director to start the procedures. President Appezzato requested that the Acting City Manager prepare a response, item by item, to every concern. (95-772) Susan McCormack, owner of the Webster House, Alameda, requested a fee waiver if a Variance was required; that waiver request would be based on [financial] hardship; she stated that the Planning Director informed Mr. McCormack and her that nothing had been resolved regarding the various issues, e.g. parking and legal food service; and that the project depends upon the deck covering. President Appezzato requested a complete report on each item. (95-773) Gerhard Degemann, Alameda, suggested that a progress report be prepared emphasizing accomplishments made by the City Council during 1995; he stated that a progress report should be prepared and made available to citizens on an annual basis; that the progress report should be included in the Bureau's Utility Bills or published in the local newspapers; he commented on problems that could occur from sand pumping on the north side and South Shore, e.g. odor and erosion; stated that he understood the sand pumping is either proposed for a new airport runway or golf course; suggested that the City look into the matter; stated that he did not realize that people who have paid for undergrounding [of utilities] have to continue paying the 2% Utility Tax; and inquired how much money has been accumulated from the 2% Utility Tax. President Appezzato responded that the 2% [Utility Tax] was to pay for all of the utilities' costs, excluding from the street to the home, and not for the connection. 7. COUNCIL COMMUNICATIONS (Communications from Council) (95-774) Consideration of Mayor's nomination for appointment to the Planning Board. President Appezzato nominated Carol Gottstein, D.D.S., M.D., for appointment to the Planning Board. Regular Meeting, Alameda City Council December 19, 1995 415 _ (95-775) Vice Mayor Mannix requested that staff report back on the viability of a community-based government process. 8. ADJOURNMENT (95-776) President Appezzato adjourned the meeting at 11:49 Rgspectfully submitted, D B.ILSCH, City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. p In • Regular Meeting, Alameda City Council December 19, 1995